Impassioned Law Experts Testify: If the Ukraine Scandal Isn’t Impeachable, “Nothing Is”

“This is precisely the misconduct that the framers created a Constitution including impeachment to protect against.”

Jacquelyn Martin/AP

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Constitutional law expert Michael Gerhardt warned Congress Wednesday that failure to impeach President Donald Trump could set a dangerous precedent for future commanders in chief.

“If what we’re talking about is not impeachable, nothing is impeachable,” the professor at University of North Carolina School of Law in Chapel Hill said during the House Judiciary Committee’s impeachment hearing. “This is precisely the misconduct that the framers created a Constitution including impeachment to protect against.”

“If Congress concludes they’re gonna give a pass to the president,” he continued, “every other president will say, ‘OK, then I can do the same thing,’ and the boundaries will just evaporate.”

An erosion of those boundaries, he concluded, would be “a danger to all of us.”

Gerhardt’s remarks came during the first day of a new phase of the Democrats’ impeachment proceedings, in which Gerhardt—along with Harvard Law professor Noah Feldman, Stanford Law professor Pamela Karlan, and George Washington Law professor Jonathan Turley—provided the legal and historical basis by which the president may be found guilty of impeachable “high crimes and misdemeanors.”

Watch Gerhardt’s remarks below:

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We have a considerable $390,000 gap in our online fundraising budget that we have to close by June 30. There is no wiggle room, we've already cut everything we can, and we urgently need more readers to pitch in—especially from this specific blurb you're reading right now.

We'll also be quite transparent and level-headed with you about this.

In "News Never Pays," our fearless CEO, Monika Bauerlein, connects the dots on several concerning media trends that, taken together, expose the fallacy behind the tragic state of journalism right now: That the marketplace will take care of providing the free and independent press citizens in a democracy need, and the Next New Thing to invest millions in will fix the problem. Bottom line: Journalism that serves the people needs the support of the people. That's the Next New Thing.

And it's what MoJo and our community of readers have been doing for 47 years now.

But staying afloat is harder than ever.

In "This Is Not a Crisis. It's The New Normal," we explain, as matter-of-factly as we can, what exactly our finances look like, why this moment is particularly urgent, and how we can best communicate that without screaming OMG PLEASE HELP over and over. We also touch on our history and how our nonprofit model makes Mother Jones different than most of the news out there: Letting us go deep, focus on underreported beats, and bring unique perspectives to the day's news.

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